BEVERLY HILLS, February 22, (THEWILL) – The Federal Government and Attorney General of the Federation (AGF) have asked the Supreme Court to stay away from a suit seeking its intervention in the trial of suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen before the Code of Conduct Tribunal (CCT).
The FG and the AGF contended that Onnoghen’ trial was personal to him and could only involve the Supreme Court, where an appeal arises from the Court of Appeal on a decision reached either during or after the trial at the CCT.
Their position is contained in a notice of objection they filed against a suit instituted at the Supreme Court by Cross River State government.
The state government, in their originating summons, queried the propriety of Onnoghen’s trial before the CCT and urged the Supreme Court to declare it illegal on the grounds that it was only the National Judicial Council (NJC) that could exercise disciplinary powers over a serving judge.
In their objection, the FG and AGF (listed as defendants in the suit), argued that the subject of the case did not qualify as a dispute between the Cross River State and the Federal Government, as envisaged under Section 232(1) of the Constitution.
It added that Justice Onnoghen, being an indigene of Cross River State and the highest judicial officer from the state, does not confer on the plaintiff the locus to institute this suit.
“The fact that the suit partly relates to the interpretation of the Constitution does not confer on the plaintiff the locus to invoke the original jurisdiction of this honourable court.
